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Presidency Small Cause Courts Act
An Act to consolidate and amend the law relating to the Courts of Small Causes established in the Presidency-towns.
| Act Id | 188215 |
| Act Number | 15 |
| Enactment Date | 1882-03-17 |
| Act Year | 1882 |
| Ministry | Ministry of Law and Justice |
| Enforcement Date | 01-07-1882 |
- PRELIMINARY
- CONSTITUTION AND OFFICERS OF THE COURT
- 5 Courts of Small Causes established
- 6 Court to be deemed under superintendence, etc., of High Court
- 7 Appointment of Judges
- 8 Rank and precedence of Judges
- 8A Performance of duties of absent Judge
- 9 Procedure and practice of Small Cause Court
- 10 Chief Judge to distribute business of Court
- 11 Procedure in case of difference of opinion
- 12 Seal to be used
- 13 Appointment of Registrar and other officers
- 14 Registrar may be invested with powers of a Judge in suits not exceeding twenty rupees
- 15 Judge or other officer not to practise or trade
- LAW ADMINISTERED BY THE COURT
- JURISDICTION IN RESPECT OF SUITS
- 17 Local limits of jurisdiction of Court
- 18 Suits in which Court has jurisdiction
- 18A Plaintiff may abandon suit against defendant resident out of jurisdiction
- 19 Suits in which Court has no jurisdiction
- 19A Return of plaint
- 20 Court may by consent try suits beyond pecuniary limits of jurisdiction
- 21 Suits by and against officers of Court
- 22 Costs when plaintiff sues in High Court in other cases cognizable by Small Cause Court
- PROCEDURE IN SUITS
- 23 Repealed
- 24 No written statement except in cases of set-off
- 25 Return of documents admitted in evidence
- 26 Compensation payable by plaintiff to defendant in certain cases
- 27 Decree-holder to accompany officer executing warrant
- 28 Things attached to immovable property and removable by tenant to be deemed movable in execution
- 29 Discharge of judgment-debtor on sufficient security
- 30 Court may in certain cases suspend execution of decree
- 31 Execution of decree of Small Cause Court by other Courts
- 32 Minors may sue in certain cases as if of full age
- 33 Power to delegate non-judicial duties
- 34 Registrar to hear and determine suits like a Judge
- 35 Registrar may execute all decrees with the same powers as a Judge
- 36 Decrees and orders of Registrar to be subject to new trial as if made by a Judge
- NEW TRIALS AND APPEALS
- RECOVERY OF POSSESSION OF IMMOVABLE PROPERTY
- 41 Summons against person occupying property without leave
- 42 Service of summons
- 43 Order for possession
- 44 Such order to justify bailiff entering on property and giving possession
- 45 Applicant, if entitled to possession, not to be deemed trespasser for any error in proceedings
- 46 Liability of applicant obtaining order when not entitled
- 47 Stay of proceedings on occupant giving security to bring suit against applicant
- 48 Proceedings to be regulated by Code of Civil Procedure
- 49 Recovery of possession no bar to suit to try title
- DISTRESSES
- 50 Local extent of Chapter
- 51 Appointment of bailiffs and appraisers
- 52 Appointees to be public servants
- 53 Application for distress-warrant
- 54 Issue of distress-warrant
- 55 Time for distress
- 56 What places bailiff may force open
- 57 Property which may be seized
- 58 Impounding distress
- 59 Inventory
- 60 Application to discharge or suspend warrant
- 61 Claim to goods distrained made by a stranger
- 62 Power to award compensation to debtor or claimant
- 63 Power to transfer to High Court cases involving more than one thousand rupees
- 64 Appraisement
- 65 Sale
- 66 Costs of distresses
- 67 Account of costs and proceeds
- 68 Bar of distresses except under this Chapter
- REFERENCES TO HIGH COURTS
- FEES AND COSTS
- MISCONDUCT OF INFERIOR MINISTERIAL OFFICERS
- CONTEMPT OF COURT
- MISCELLANEOUS
- 89 Persons by whom process may be served
- 90 Registers and returns
- 91 Court to furnish records, etc., called for by State Government or High Court
- 92 Holidays and vacations
- 93 Certain persons exempt from arrest by Court
- 94 No suit to lie upon decree of Court
- 95 Place of imprisonment
- 96 Tender in suit for anything done under Act
- 97 Limitation of prosecutions
